CS/HB 1129 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to roller skating rink safety; 2
creating s. 768.395, F.S.; providing legislative 3
findings; providing definitions; providing that an 4
operator of a roller skating rink is not liable for 5
damages or personal injury resulting from inherent 6
risks of roller skating; providing exceptions; 7
providing that certain persons assume the inherent 8
risk of roller skating; providing that an operator is 9
not required to eliminate, alter, or control the 10
inherent risks in roller skating; establishing the 11
responsibilities of roller skaters; providing that 12
failure to comply with such responsibilities 13
constitutes negligence; providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Section 768.395, Florida Statutes, is created 18
to read: 19
768.395 Roller skating rink safety. — 20
(1) This section may be cited as the "Roller Skating Rink 21
Safety Act." 22
(2)(a) The Legislature finds t hat the recreational 23
activity of roller skating is practiced by a large number of 24
residents of the state, roller skating is a wholesome and 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
healthy family activity that should be encouraged, and the 26
allocation of risks and costs of roller skating is an imp ortant 27
matter of public policy. 28
(b) The Legislature further finds that owners of roller 29
skating rinks face great difficulty in obtaining liability 30
insurance coverage at an affordable cost and that the lack of 31
affordable insurance coverage affects not onl y owners of roller 32
skating rinks, but also persons who may suffer personal injuries 33
or property damages as a result of accidents that occur on the 34
premises of a roller skating rink. In order to make it more 35
economically feasible for insurance companies to provide 36
coverage to roller skating rinks at an affordable rate to the 37
owners, occurrences resulting in liability to owners should be 38
more predictable by limiting the liability that may be incurred 39
by the owners and encouraging the development and implement ation 40
of risk reduction techniques. This section shall be liberally 41
construed to carry out the purposes of this section. 42
(3) As used in this section, the term: 43
(a) "Inherent risk" means those dangers or conditions that 44
are characteristic of, intrinsic to, or an integral part of the 45
activity of roller skating. 46
(b) "Operator" means a person or entity that owns, 47
manages, controls, directs, or has operational responsibility 48
for a roller skating rink. 49
(c) "Roller skater" means a person who participates i n the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
activity of roller skating while in a roller skating rink. 51
(d) "Roller skating rink" means a building, facility, or 52
premises that provides an area specifically designed to be used 53
for roller skating. 54
(e) "Spectator" means a person in a roller sk ating rink 55
whose participation is limited to observing the activity of 56
roller skating. 57
(4) An operator is not liable to a roller skater or 58
spectator for any damages or personal injury resulting from the 59
inherent risks of roller skating. 60
(5) This section does not limit liability that would 61
otherwise exist if the operator fails to: 62
(a) Conspicuously post in at least three areas on the 63
premises, the responsibilities of roller skaters and spectators 64
under subsection (6) and the duties of the operato r under this 65
subsection. 66
(b) Maintain the stability and legibility of all signs, 67
symbols, and posted notices required by this section. 68
(c) Have at least one roller skating rink supervisor or 69
manager on duty for every 200 skaters when the roller skating 70
rink is open for business. 71
(d) Maintain the skating surface in a reasonably safe 72
condition and clean and inspect the skating surface before each 73
skating session. 74
(e) Maintain in good condition the railings, kickboards, 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and walls surrounding the skatin g surface. 76
(f) Ensure that all coverings on risers are securely 77
fastened in roller skating rinks with step -up or step-down 78
skating surfaces. 79
(g) Install and regularly inspect fire extinguishers. 80
(h) Inspect emergency lights at least quarterly to ensu re 81
the lights are in proper working order. 82
(i) Keep exit lights and service area lights on when 83
skating surface lights are turned off during a skating session. 84
(j) Inspect and maintain in good mechanical condition 85
roller skating equipment that the oper ator leases or rents to 86
roller skaters. 87
(k) Comply with all applicable state and local safety 88
codes. 89
(l) Take reasonable action to correct a dangerous 90
condition that is known or reasonably should have been known. 91
(6)(a) A roller skater or spectator a t a roller skating 92
rink assumes the inherent risks in the activity of roller 93
skating irrespective of age, and is legally responsible for all 94
damages and injury to himself or herself or other persons or 95
property which result from this activity. An operator is not 96
required to eliminate, alter, or control the inherent risks in 97
this activity. 98
(b) While engaging in the activity of roller skating at a 99
roller skating rink, a roller skater must: 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Maintain reasonable control of his or her speed and 101
direction of travel at all times. 102
2. Heed all posted signs and warnings. 103
3. Maintain a proper awareness to avoid other roller 104
skaters and objects. 105
4. Accept the responsibility for knowing the range of his 106
or her own ability to negotiate the intended direction o f travel 107
while roller skating and to skate within the limits of that 108
ability. 109
5. Refrain from acting in a manner that may cause or 110
contribute to his or her own personal injury or the personal 111
injury of another person. 112
(7)(a) This section does not limit the liability of an 113
operator for personal injuries or damages caused by an act of 114
gross negligence by the operator or his or her employees. 115
(b) Failure to comply with subsection (5) or subsection 116
(6) constitutes negligence. 117
Section 2. This act shall take effect July 1, 2023. 118